EEE-24-0005 - In the Matter of LiWei-shop

On March 18, 2024, an Office of Hearings and Appeals' (OHA) Administrative Law Judge recommended that a civil penalty of $395,660 be assessed against LiWei-shop for violations of the Energy Policy and Conservation Act, 42 U.S.C. § 6291 et seq. (the EPCA) and its implementing regulations.

LiWei-shop is a manufacturer and distributor of showerheads that are covered products under the EPCA and DOE's energy conservation standard regulations. The DOE regulations require that a manufacturer of such showerheads submit to the DOE a report certifying that such showerheads meet the energy conservation standards required under 10 C.F.R. § 102( a)(1) and 10 C.F.R. §429.12. 

Upon failure of LeWei-shop to submit energy efficiency reports mandated at 10 C.F.R. Part 429, the Office of the Assistant General Counsel for Enforcement (OGCE) issued a Notice of Proposed Civil Penalty (NPCP) to LiWei-shop. After LiWei shop continued to fail to submit the requested reports, OGCE filed a complaint ( Complaint) with OHA against LiWei-shop. LiWei-shop failed to file any response to the Complaint. 

On February 12, 2024, OGCE filed Motions to Deem the Allegations of the Complaint Admitted, and for the issuance of a Decision. The Motions sought rulings deeming each of the allegations set forth in the Complaint as admitted and requested that the ALJ issue a decision against LiWei-shop. The ALJ determined that because of LiWei-shop's failure to respond to the Complaint or the Motion for Decision, OGCE's allegations against the Respondents were deemed admitted. The ALJ also found that it was appropriate to assess a civil penalty against LiWei-shop. Therefore, the ALJ recommended that ELT be assessed a civil penalty of $395,660. (OHA Case No. EEE-24-0005, Cronin)